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MTR. OF McNAMARA v. COUGHLIN

162 Misc.2d 504 (1994)

616 N.Y.S.2d 886

In the Matter of John McNamara, Petitioner, v. Thomas A. Coughlin III, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Supreme Court, New York County.

June 15, 1994

Attorney(s) appearing for the Case

Scopetta & Sieff, New York City (Abigail Pessen of counsel), for petitioner. Robert Abrams, Attorney-General, New York City (Kathie Ann Whipple and Vida M. Alvy of counsel), for respondents.

PHYLLIS GANGEL-JACOB, J.

Respondents move to dismiss the amended petition (petition) in this CPLR article 78 proceeding.

Petitioner is the brother of a homicide victim, Darren McNamara. John Bonizio (Bonizio) was hired by Peter Rosner to avenge an insult to his daughter Cheryl Rosner. On August 25, 1982 Bonizio and an unknown companion carried out their contract by bludgeoning Darren McNamara to death...

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